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2007 Supreme(Cal) 158

SADHAN KUMAR GUPTA
SK. SAHABUDDIN – Appellant
Versus
NAZIMA BIBI – Respondent


Advocates Appeared:
LEENA SEN GUPTA, SUKDEB CHATTERJI

( 1 ) THE judgment of the Court was as follows this revisional application has been preferred under Section 401 read with Section 482 of the Cr. P. C. against the judgment dated 30/11/2006 passed by the learned Additional Chief Judicial Magistrate, Diamond harbour in Case No. M-155 of 2006.

( 2 ) CASE of the petitioner is that the opposite party filed a petition under Section 125 Cr. P. C. before the learned Magistrate and in the said application she stated that she was married with the petitioner long before and was staying in the matrimonial house with the petitioner as his wife and out of the said wedlock she gave birth to three sons. Ultimately, she was driven out from the said matrimonial house. Before filing of the present case, the petitioner field an application under Section 3 of the Muslim women (Protection of Rights) and Divorce Act (hereinafter referred to as the said Act) and in the said proceeding direction was given upon the petitioner to pay Denmohar and maintenance for the Iddat period and for provisions of future maintenance. Out of the said amount, the wife/petitioner constructed a house and she had now no money with her. Under such circumstances, the wife filed




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